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Bill aims to curb binge drinking and public
disorder

Thu, Apr 24, 2008, 01:00

NEW LAWS aimed at curbing binge drinking and tackling
alcohol-related public disorder are due to come into force by this
summer, the Government said yesterday.
CARL O'BRIEN, Social Affairs Correspondent,
reports.

The laws will include restrictions on the display of alcohol in
shops, a reduction in the opening hours of off-licences and new
powers for the Garda to tackle public disorder.

At a press conference yesterday, Minister for Justice Brian
Lenihan said Irish society needed to address the problems arising
from excessive consumption of alcohol.

"This draft proposal is not some killjoy measure conjured up by
a nanny-state Government. Far from it. It is a response to a very
significant problem of alcohol abuse which is leading to public
disorder and exacerbating our crime problem," he said.

A new Intoxicating Liquor/ Public Order Bill (2008) is being
drafted and is due to be enacted by the Oireachtas before the
summer recess, Mr Lenihan said.

The Bill draws on the recommendations contained in the report of
the Government-appointed Alcohol Advisory Group chaired by Dr
Gordon Holmes.

Under the new proposed legislation, the sale of alcohol in
off-licences will be allowed only between 10.30am and 10pm, instead
of 7.30am and 12.30am. It proposes that alcohol sold in
supermarkets and convenience stores must be displayed and sold
either behind a counter or in an area separate from the rest of the
premises.

Under-18s may also be used as part of Garda "sting" operations
in premises which sell alcohol to under-age drinkers, as long as
parental consent is obtained.

Existing licensing laws, which permit the Revenue Commissioners
to issue wine licences to convenience stores and petrol stations,
are also due to be reformed.

Under the measures, applicants will require a District Court
certificate. The grounds on which an objection to such a
certificate can be made will include the consideration of the needs
of the neighbourhood and the adequacy of the existing number of
local off-licences. A loophole which has allowed nightclubs or pubs
to open beyond normal licensing hours without having to obtain
special exemption will be closed.

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The draft Bill also proposes to restrict alcohol promotions and
reduced price sales and discounts, although it does not go into any
detail on how this will be enforced.

Mr Lenihan said on-the-spot fines would also be introduced for
those found drunk or disorderly in a public place. Legislation
passed in recent years - but never implemented - provides for fines
of up to €200 for those involved in disorderly conduct or
intoxication in a public place. Mr Lenihan said this law will be
implemented over the coming months. The Garda will receive new
powers to seize bottles or containers of alcohol from anybody who
appears to be under 18 years. They will also be allowed to seize
alcohol "where there is a reasonable apprehension of public
disorder".

On the proposal to take alcohol from under-18s, Mr Lenihan said:
"Communities all over Ireland are tired of young people - and those
in their 20s and 30s - openly consuming alcohol in public
places.

"The gardaí have to have power to deal with this . . . The
normal process of arrest, charge and caution would put an
impossible burden on our judicial and police system."

Speaking at the press conference yesterday, Taoiseach Bertie
Ahern said the Government was committed to combating alcohol
misuse. "We need to examine our acceptance of heavy drinking and
the signal that this is sending, particularly to our young people,"
Mr Ahern said. "We're not attempting to stop drinking, do away with
drinking or adopt a do-good attitude," he added. "We're concerned
about problems relating to people drinking to get drunk, which
seems to be more of an Irish phenomenon."

Knocking it back: main points

• Off-sales of alcohol will be permitted only between the
hours of 10.30am and 10pm (12.30pm to 10pm on Sundays)

• Wine off-licences, which may be obtained at present
directly from the Revenue Commissioners, will in future require a
District Court certificate

• Alcohol products on sale in supermarkets, petrol
stations, etc, must either be behind a counter or in a specified
area that is structurally separate from the rest of the
premises

• Test purchasing of alcohol products by under-18s will be
introduced

• The loophole which allows nightclubs and pubs with
theatre licences to serve beyond normal closing hours will be
closed